[Federal Register Volume 61, Number 148 (Wednesday, July 31, 1996)] [Notices] [Pages 39979-39980] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-19407] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Availability of Environmental Assessment and Receipt of Application and Intent to Issue Incidental Take Permit for Development of Industrial Complex in Cedar City, Iron County, Utah AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Connel Gower Construction, Inc. (Applicant) has applied to the Fish and Wildlife Service (Service) for an incidental take permit pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicant has been assigned permit number PRT- 817340. The requested permit, which is for a period of 20 years, would authorize incidental take of the threatened Utah Prairie Dog (Cynomys parvidens). The proposed take would occur as a result of development of a 63-acre industrial complex located on private property within Cedar City, Iron County, Utah. The Service has prepared the Environmental Assessment for issuance of the incidental take permit. The Applicant has prepared a habitat conservation plan as part of the incidental take permit application. A determination of whether jeopardy to the species will occur, or a Finding of No Significant Impact (FONSI), will not be made before 30 days from the date of publication of this notice. This notice is provided pursuant to section 10(c) of the Act and National Environmental Policy Act regulations (40 CFR 1506.6). DATES: Written comments on the permit application must be received on or before August 30, 1996. ADDRESSES: Persons wishing to review the permit application may obtain a copy by writing to the Assistant Field Supervisor, Utah Field Office, U.S. Fish and Wildlife Service, 145 East 1300 South Street, Suite 404, Salt Lake City, Utah 84115. Documents will be available for public inspection by written request, or by appointment only, during business hours (8 a.m.to 4:30 p.m.) at the above address. Written data or comments concerning the permit application should be submitted to the Assistant Field Supervisor, Utah Field Office, U.S. Fish and Wildlife Service Salt Lake City, Utah (See ADDRESSES above). Please refer to permit number PRT-817340 in all correspondence regarding these documents. FOR FURTHER INFORMATION CONTACT: Robert D. Williams, Assistant Field Supervisor or Marilet A. Zablan, Wildlife Biologist, at the above U.S. Fish and Wildlife Service Office in Salt Lake City, Utah (see ADDRESSES above) (telephone: (801) 524- 5001, facsimile: (801) 524-5021). SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the ``taking'' of any threatened or endangered species, such as the threatened Utah Prairie Dog. However, the Service, under limited circumstances, may issue permits to take threatened or endangered wildlife species when such taking is incidental to, and not the purpose of, otherwise lawful activities. Regulations governing permits for threatened and endangered species are at 50 CFR 17.22. Applicant Connel Gower Construction, Inc. plans to develop an approximately 63-acre industrial park, located in portions of sections 3, 4, 9 and 10 in Township 36 South, Range 11 West, Salt Lake Base and Meridian, within Cedar City, Iron County, Utah. Development is planned to include development of streets, parking areas and drainage facilities as well as installation of natural gas, sewer, water, electrical power, and telephone service in preparation for construction of commercial and industrial buildings and facilities. The construction will impact 63 acres of Utah Prairie Dog habitat, and the Applicant foresees an incidental take of an estimated 116 Utah Prairie Dogs through trapping and relocation and the potential incidental take of no more than two Utah Prairie Dogs per five acres of developed land as a result of direct mortality during construction. The Applicant proposes to compensate for this habitat loss by payment of $900 per acre for each acre developed, to be used for public land management actions for Utah Prairie Dog conservation and to implement recover actions for conservation of the Utah Prairie Dog, through a Utah Prairie Dog Conservation Fund. A no-action alternative to the proposed action was considered, consisting of foregoing the development of the 63-acre area of Utah Prairie Dog habitat. The no-action alternative was rejected for reasons including loss of use of the private property, resulting in significant economic loss to the Applicant. [[Page 39980]] Authority: The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et. seq.) and the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et. seq.). Dated July 24, 1996. Wilbur N. Ladd, Jr., Acting Regional Director, Denver, Colorado. [FR Doc. 96-19407 Filed 7-30-96; 8:45 am] BILLING CODE 4310-55-M